Assam State Acquisition of Lands Belonging to Religious or Charitable Institution of Public Nature Act, 1959
No: 9 Dated: Apr, 12 1961
Assam State Acquisition of Lands Belonging to Religious or Charitable Institution of Public Nature Act, 1959
(Assam Act No. IX of 1961)
An act to provide for the acquisition by the State of lands belonging to religious or Chartiable institutions of public nature.
Preamble - whereas it is expedient to acquire the lands belonging to Religious or chartiable institutions of public nature in the State of Assam in the manner hereinafter appearing;
It is hereby enacted in the Tenth year of the republic of India as follows-
CHAPTER - 1
1. Short title, extent commencement. - (1) This Act may be called the Assam State Acquisition of Lands extent and Belonging to Religious or chartiable Institution of Public Nature Act, 1959.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the Official gazzette appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "Agriculture Year" means the year commencing on the 1st day of 'Bohag' or. Baisakh;
(b) "Deputy Commissioner" means Deputy commissioner of the District in which the land in question is situated, and includes the Additional Deputy Commissioner;
(c) "Encumbrance" in relation to any land under this Act does not include the rights of a rayat or agricultural or non-agricultural tenant;
(d) The head of a Religious or chartiable institution in so far as it relates to the institution shall mean a person, by whatever designation known in whom the control and management of the properties of that institution is vasted weather under the terms of any enactment or grant or usages relating to this institution or any scheme of management framed by a Court under Section 92 of the Code Of Civil Procedure, 1908 (Act V of 1908)
(e) "Institution" means a religious or chartiable institution of public nature including its branches, if any, established prior to the commencement of this Act and existing at the date of such commencement;
(f) "Religious Institution" means an institution the primary purpose of which relates exclusively to religious teachings or worship or advancement of religion irrespective of denomination;
(g) "chartiable Institution" means an institution for chartiable purpose including relief of the poor, education, medical relief and advancement of any other object of Public utility, but does not include a purpose which relates exclusively to religious teaching or worship or advancement of religion;
(h) "Religious or chartiable Institution of Public Nature" shall include Satras, Maths, public Temples, public Wakf (that is to say, Wakfs other than Wakf-alal-aulad) including public Mosques and Durgahs, Gurdwaras, Churches or similar institutions or endowments for public purposes of chartiable or religious nature;
(i) "Prescribed" means prescribed by the rules made under this Act, and
(j) "Tenant" means a person who holds land under another person and is, or but for a special contract would be, liable to pay rent for that land to the other person and includes a person who cultivates the land of another person on condition of delivering a share of the produce.
CHAPTER II
3. Notification of acquisition. - (1) The State Government may, from time to time, by notification in the Official Gazette declare that all rights in land belonging to a Religious or chartiable Institution of public Nature shall vest in the State free from all encumbrances, with effect from the first day of the agricultural year next following the date of publication of such notification.
(2) A copy of the aforesaid notification shall be served on the Head of the Religious or chartiable Institution in the manner prescribed and thither, it shall De published in the offices of the Deputy Commissioner, Sub Divisional Officer and the Circle Officers within whose jurisdiction the lands are situated and also in the premises of the religious and the chartiable institution concerned.
(3) The publication of the notification in the Official Gazette and the service of the same as provided under sub-sections (1) and (2.) respectively shall be conclusive evidence of due publication thereof and of notice to all person affected by such notification.
4. Consequence of the notification. - (1) Notwithstanding anything to the contrary in any law for the time being in force or any custom or any agreement or contract express or implied,; on the publication of the notification under Section 3, all right, title and interest in the lands of a religious or chartiable institution with the sub-soil (Including the rights in mines, minerals, fisheries, tanks, wells, forests, grazing, hats, bazars, roads and ferries) shall cease and lands including such rights shall vest absolutely in the state free from all encumbrances with effect from the date specified in the notification.
(2) No claim or liability enforceable before the date of publication of notification against the institution for any money which is secured by a mortgagee or charges on the lands belonging to such institution which has vested in the state, shall be enforceable against the interest of the institution but such claim and liability shall be enforceable only against the compensation money payable under this Act.
(3) All suits and proceedings and any orders of attachment in respect of such lands belonging to the institution in connection with recovery of any money as mentioned in sub-section (2) which may be pending on the date of vesting shall be dropped and shall cease to be in force.